[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Pages 60371-60376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21100]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0063]


Privacy Act of 1974; Department of Homeland Security/U.S. Customs 
and Border Protection (DHS/CBP)-022 Electronic Visa Update System 
(EVUS) System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to establish a new DHS system of 
records titled, ``Department of Homeland Security/U.S. Customs and 
Border Protection--DHS/CBP-022 Electronic Visa Update System (EVUS) 
System of Records.'' At the same time, in accordance with 5 U.S.C. 
552(j) and (k), DHS proposes to claim certain exemptions for this 
system. At the same time, in accordance with Privacy Act of 1974, DHS 
proposes to claim certain exemptions for this system. This system of 
records will allow the Department of Homeland Security (DHS)/U.S. 
Customs and Border Protection (CBP) to collect and maintain records on 
nonimmigrant aliens who hold a passport that was issued by an 
identified country approved for inclusion in the EVUS program and have 
been issued a U.S. nonimmigrant visa of a designated category seeking 
to travel to the United States. The system of records will also cover 
records of other persons, including U.S. citizens and lawful permanent 
residents, whose name is provided to DHS as part of a nonimmigrant 
alien's EVUS enrollment. Requiring aliens holding passports of 
identified countries containing U.S. nonimmigrant visas of a designated 
category with multiple year validity will allow DHS/CBP to collect 
updated information. The system is used to ensure a visa holder's 
information remains current. The information is also used to separately 
determine whether any admissibility issues may need to be addressed 
outside the EVUS enrollment process by vetting the information against 
selected security and law enforcement databases at DHS, including the 
use of CBP's TECS (not an acronym) (DHS/CBP-011 U.S. Customs and Border 
Protection TECS, December 19, 2008, 73 FR 77778) and the Automated 
Targeting System (ATS) (DHS/CBP-006 Automated Targeting System, May 22, 
2012, 77 FR 30297). In addition, ATS retains a copy of EVUS enrollment 
data to identify EVUS enrollees who may pose a security risk to the 
United States. The ATS maintains copies of key elements of certain 
databases in order to minimize the impact of processing searches on the 
operational systems and to act as a backup for certain operational 
systems. DHS may also vet EVUS enrollment information against security 
and law enforcement databases at other Federal agencies to enhance 
DHS's ability to determine whether the enrollee poses a security risk 
to the United States or, although addressed through a separate process, 
is admissible to the United States. The results of this vetting may 
inform DHS's assessment of whether the enrollee's travel poses a law 
enforcement or security risk and whether the proposed travel should be 
permitted.
    This newly established system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: This system will be effective October 3, 2016. Comments must be 
received on or before October 3, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0063 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.

INSTRUCTIONS: All submissions received must include the agency name and 
docket number for this rulemaking. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

DOCKET: For access to the docket to read background documents or 
comments received, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Debra L. Danisek, (202) 344-1610, Acting CBP Privacy Officer, Privacy 
and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. 
For privacy questions, please contact: Jonathan R. Cantor, (202) 343-
1717, Acting Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/CBP 
proposes to establish a new DHS/CBP system of records titled, ``DHS/
CBP-022 Electronic Visa Update System (EVUS) System of Records.''
    DHS has developed a fully automated electronic system that enables 
DHS to collect biographic and other information from certain 
nonimmigrant aliens on a periodic basis as determined by the Secretary. 
Specifically, EVUS enables DHS to obtain information from individuals 
who hold U.S. nonimmigrant visas of a designated category in a passport 
issued by an identified country. By requiring nonimmigrant aliens who 
hold a passport issued by an identified country containing a U.S. 
nonimmigrant visa of a designated category to enroll in EVUS, CBP will 
be able to collect periodic updates of biographical and other 
information over the length of the visa period that would otherwise not 
be obtained, which may assist in identifying persons who may pose a 
risk to the United States.
    The Electronic Visa Update System is a web-based system developed 
to collect updated information from visa holders subject to the EVUS 
program. The EVUS does not change the process for obtaining a visa. 
However, after issuance of a visa, nonimmigrant aliens subject to the 
EVUS requirements would need to successfully enroll in EVUS online 
every two years to ensure their visa remains valid for travel to the 
United States. The online enrollment will be designed as a user-
friendly interface that would allow other persons to assist the 
traveler in completing the enrollment. Enrollees are able to submit and 
update biographic information and answer eligibility questions using 
the EVUS Web site. Successful EVUS enrollment is required for 
nonimmigrant aliens who hold a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category. In most 
cases, the enrollee will

[[Page 60372]]

obtain an immediate response indicating whether the enrollment is 
successful. The Electronic Visa Update System enrollment and status 
must be verified by a carrier prior to the traveler boarding an air or 
sea carrier. Notifications are sent between DHS/CBP and carriers when 
the following events occur:

 A traveler books travel
 The Airline/Carrier sends Advance Passenger Information to DHS
 The Airline/Carrier receives one of the following responses:
    [cir] EVUS on file--OK to board carrier
    [cir] No EVUS on file--Check for other valid travel documents
    [cir] EVUS enrollment unsuccessful--Do not allow to travel
    [cir] System Issues--Please resend

    Among other functions, CBP vets the EVUS enrollment information 
against selected security and law enforcement databases, including the 
use of TECS and the Automated Targeting System (ATS). The ATS will 
retain a copy of EVUS enrollment data to identify EVUS enrollees who 
may pose a security risk to the United States. ATS will maintain copies 
of key elements of certain databases to minimize the impact of 
processing searches on operational systems and to act as a backup for 
certain operational systems. DHS may also vet EVUS enrollment 
information against security and law enforcement databases at other 
federal agencies to enhance DHS's ability to determine whether the 
enrollee poses a security risk to the United States. The results of 
this vetting may support DHS's initial assessment of whether the 
enrollee's travel poses a law enforcement or security risk and whether 
there may be issues which may require separate consideration. The 
individual must attempt enrollment and receive a notification of 
compliance prior to boarding a carrier destined to the United States. 
Furthermore, the EVUS system will continuously query/vet enrollment 
information against law enforcement databases. EVUS status can change 
at any time.
    The data elements on the EVUS enrollment questionnaire will make 
the screening of travelers more robust. The required data elements 
strengthen security in the EVUS enrollment process by enhancing the 
capability to identify individuals who may pose a threat to the United 
States or otherwise be found inadmissible at the time that they apply 
for entry at a U.S. port of entry. Enrollment in EVUS will not 
guarantee admission into the United States. CBP will continue to employ 
standard entry procedures to determine admissibility at U.S. ports of 
entry.
    When a person submits an EVUS enrollment, CBP examines the 
enrollment questionnaire by screening the enrollee's data through ATS 
and TECS. The initial and updated biographic information obtained by 
EVUS is important to identify any concerns regarding future 
admissibility. Failure to successfully enroll in EVUS when required as 
described above will result in the automatic provisional revocation of 
the alien's visa, and the alien will not be authorized to travel to the 
United States unless or until the alien enrolls in EVUS and obtains a 
notification of compliance. If a visa is provisionally revoked on the 
basis of failing to provide or update information to EVUS, the person 
can attempt EVUS enrollment again, and if successful the provisional 
revocation of his/her visa would be reversed. In addition, non-
compliance with EVUS would be a basis for commercial carriers to deny 
boarding to an individual seeking to travel to the United States. 
Because non-compliance with EVUS results in automatic provisional 
revocation of the individual's visa, the individual would not have 
valid travel documents upon attempting to board.
    DHS/CBP has authority to operate this system under sec. 402(4) of 
the Homeland Security Act of 2002, 6 U.S.C. 201, et seq., and sec. 103 
(8 U.S.C. 1103), 214 (8 U.S.C. 1184), 215 (8 U.S.C. 1185), and 221 (8 
U.S.C. 1201) of the Immigration and Nationality Act (INA), and 8 CFR 
part 2.
    Consistent with DHS's information sharing mission, information 
stored in EVUS may be shared with other DHS components that have a need 
to know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. Information stored in EVUS may also be shared with other 
federal security and counterterrorism agencies, as well as on a case-
by-case basis to appropriate State, local, tribal, territorial, 
foreign, or international government agencies. This external sharing 
takes place after DHS determines that it is compatible with the routine 
uses set forth in this system of records notice.
    Additionally, for ongoing, systematic sharing, DHS completes an 
information sharing and access agreement with federal partners to 
establish the terms and conditions of the sharing, including: 
documenting the need to know, identifying authorized users and uses, 
protecting the privacy of the data, and ensuring the confidentiality of 
visa records, as applicable. This updated system will be included in 
DHS's inventory of systems of records, located on the DHS Web site at 
http://www.dhs.gov/system-records-notices-sorns.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency from which information is retrieved by the 
name of an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Given the importance of providing privacy protections to 
international travelers, even prior to the collection of the data 
elements in EVUS that may include information about U.S. persons, DHS 
always administratively applies the privacy protections and safeguards 
of the Privacy Act to all international travelers subject to EVUS. The 
Electronic Visa Update System falls squarely within the mixed system 
policy and DHS will continue to extend the administrative protections 
of the Privacy Act to information about travelers and non-travelers 
whose information is provided to DHS as part of the EVUS enrollment.
    Below is the description of the DHS/CBP-022 Electronic Visa Update 
System (EVUS) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/U.S. Customs and Border 
Protection (CBP)-022.

System name:
    DHS/CBP-022 Electronic Visa Update System (EVUS)

Security classification:
    Unclassified. The data may be retained on classified networks but 
this does not change the nature and character of the data until it is 
combined with classified information.

[[Page 60373]]

System location:
    Records are maintained at DHS/CBP Headquarters in Washington, DC, 
and in field offices. Records are replicated from the operational 
system and maintained on the DHS unclassified and classified networks.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    1. Nonimmigrant aliens who hold a passport issued by an identified 
country containing a U.S. nonimmigrant visa of a designated category; 
and
    2. Persons, including U.S. Citizens and lawful permanent residents, 
whose information is provided in response to EVUS enrollment questions.

Categories of records in the system:
    Nonimmigrant aliens who hold a passport issued by an identified 
country containing a U.S. nonimmigrant visa of a designated category to 
obtain the required travel authorization by electronically submitting 
an enrollment consisting of biographic and other data elements via the 
EVUS Web site. The categories of records in EVUS include:
     Full name (first, middle, and last);
     Other names or aliases, if available;
     Date of birth;
     City and country of birth;
     Gender;
     Email address;
     Telephone number (home, mobile, work, other);
     Home address (address, apartment number, city, state/
region);
     Internet protocol (IP) address;
     EVUS enrollment number;
     Global Entry Program Number;
     Country of residence;
     Passport number;
     Passport issuing country;
     Passport issuance date;
     Passport expiration date;
     Department of Treasury Pay.gov payment tracking number 
(i.e., confirmation of payment; absence of payment confirmation will 
result in a ``not cleared'' determination);
     Country of citizenship;
     Other citizenship (country, passport number);
     National identification number, if available;
     Address while visiting the United States (number, street, 
city, state);
     Emergency point of contact information (name, telephone 
number, email address);
     U.S. Point of Contact (name, address, telephone number);
     Parents' names;
     Current job title;
     Current or previous employer name;
     Current or previous employer street address; and
     Current or previous employer telephone number.
    The categories of records in EVUS also include responses to the 
following questions:
     Do you have a physical or mental disorder, or are you a 
drug abuser or addict,[1] or do you currently have any of 
the following diseases (communicable diseases are specified pursuant to 
sec. 361(b) of the Public Health Service Act):
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    \[1]\ Immigration and Nationality Act 212(a)(1)(A). Pursuant to 
8 U.S.C. 1182(a), aliens may be inadmissible to the United States if 
they have a physical or mental disorder and behavior associated with 
the disorder that may pose, or has posed, a threat to the property, 
safety, or welfare of the alien or others, or (ii) to have had a 
physical or mental disorder and a history of behavior associated 
with the disorder, which behavior has posed a threat to the 
property, safety, or welfare of the alien or others and which 
behavior is likely to recur or to lead to other harmful behavior, or 
are determined (in accordance with regulations prescribed by the 
Secretary of Health and Human Services) to be a drug abuser or 
addict.
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    [cir] Cholera
    [cir] Diphtheria
    [cir] Tuberculosis, infection
    [cir] Plague
    [cir] Smallpox
    [cir] Yellow Fever
    [cir] Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, 
Crimean-Congo
    [cir] Severe acute respiratory illnesses capable of transmission to 
other persons and likely to cause mortality.
     Have you ever been arrested or convicted for a crime that 
resulted in serious damage to property, or serious harm to another 
person or government authority?
     Have you ever violated any law related to possessing, 
using, or distributing illegal drugs?
     Do you seek to engage in or have you ever engaged in 
terrorist activities, espionage, sabotage, or genocide?
     Have you ever committed fraud or misrepresented yourself 
or others to obtain, or assist others to obtain, a visa or entry into 
the United States?
     Are you currently seeking employment in the United States 
or were you previously employed in the United States without prior 
permission from the U.S. government?
     Have you ever been denied a U.S. visa you applied for with 
your current or previous passport, or have you ever been refused 
admission to the United States or withdrawn your application for 
admission at a U.S. port of entry? If yes, when and where?
     Have you ever stayed in the United States longer than the 
admission period granted to you by the U.S. government?
     Have you ever been a citizen or national of any other 
country? If yes, other countries of previous citizenship or 
nationality?

Authority for maintenance of the system:
    Title IV of the Homeland Security Act of 2002, 6.U.S.C. 201 et 
seq., the Immigration and Naturalization Act, as amended, including 
sec.s 103 (8 U.S.C. 1103), 214 (8 U.S.C. 1184), 215 (8 U.S.C. 1185), 
and 221 (8 U.S.C. 1201) of the Immigration and Nationality Act (INA), 
and 8 CFR part 2; and the Travel Promotion Act of 2009, Public Law 111-
145, 22 U.S.C. 2131.

Purpose(s):
    The purpose of this system is to collect and maintain a record of 
nonimmigrant aliens holding a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category, and to 
determine whether there is information that requires separate, 
additional action.
    The Department of Treasury Pay.gov tracking number (associated with 
the payment information provided to Pay.gov and stored in the Credit/
Debit Card Data System, DHS/CBP-003 Credit/Debit Card Data System 
(CDCDS), 76 FR. 67755 (November 2, 2011)) will be used to process EVUS 
and third-party administrator fees and to reconcile issues regarding 
payment between EVUS, CDCDS, and Pay.gov. Payment information will not 
be used for vetting purposes and is stored in a separate system (CDCDS) 
from the EVUS enrollment data.
    DHS maintains a replica of some or all of the data in EVUS on the 
unclassified and classified DHS networks to allow for analysis and 
vetting consistent with the above stated uses, purposes, and this 
published notice.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including Offices of the 
United States Attorneys, or other Federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any Component thereof;

[[Page 60374]]

    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To appropriate Federal, State, local, international, tribal, or 
foreign governmental agencies or multilateral governmental 
organizations responsible for investigating or prosecuting the 
violations of, or for enforcing or implementing, a statute, rule, 
regulation, order, license, or treaty when DHS determines that the 
information would assist in the enforcement of civil or criminal laws;
    H. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital health interests of a data subject 
or other persons (e.g., to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk).
    I. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate in the proper 
performance of the official duties of the officer making the 
disclosure.
    J. To a Federal, State, tribal, local, international, or foreign 
government agency or entity for the purpose of consulting with that 
agency or entity: (1) To assist in making a determination regarding 
redress for an individual in connection to a program; (2) for the 
purpose of verifying the identity of an individual seeking redress in 
connection with the operations of a DHS Component or program; or (3) 
for the purpose of verifying the accuracy of information submitted by 
an individual who has requested such redress on behalf of another 
individual.
    K. To Federal and foreign government intelligence or 
counterterrorism agencies or components thereof when DHS becomes aware 
of an indication of a threat or potential threat to national or 
international security to assist in countering such threat, or to 
assist in anti-terrorism efforts.
    L. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements.
    M. To an organization or individual in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property.
    N. To the carrier transporting an individual to the United States, 
prior to travel, in response to a request from the carrier, to verify 
an individual's travel authorization status.
    O. To the Department of Treasury's Pay.gov, for payment processing 
and payment reconciliation purposes.
    P. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, in response to a subpoena, or in connection with criminal 
law proceedings.
    Q. To appropriate Federal, State, local, international, tribal, or 
foreign governmental agencies or multilateral governmental 
organizations responsible for investigating or prosecuting the 
violations of, or for enforcing or implementing, a statute, rule, 
regulation, order, license, or treaty when DHS determines that the 
information would assist in the enforcement of civil or criminal laws.
    R. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy;

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/CBP stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are safeguarded with passwords and encryption and may be stored on 
magnetic disc, tape, and digital media.

Retrievability:
    DHS/CBP may retrieve records by any of the data elements supplied 
by the enrollee.

Safeguards:
    DHS/CBP safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. CBP has imposed strict controls to 
minimize the risk of

[[Page 60375]]

compromising the information that is being stored. Access to the 
computer system containing the records in this system is limited to 
those individuals who have a need to know the information for the 
performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    Enrollment information submitted to EVUS generally expires and is 
deemed ``inactive'' two years after the initial submission of 
information by the enrollee. In the event that a traveler's passport 
remains valid for less than two years from the date of the EVUS 
notification of compliance, the EVUS enrollment will expire 
concurrently with the passport. Information in EVUS will be retained 
for one year after the EVUS travel enrollment expires. After this 
period, the inactive account information will be purged from online 
access and archived for 12 years. At any time during the 15-year 
retention period (generally 3 years active, 12 years archived) CBP will 
match data linked to active law enforcement lookout records to 
enforcement activities, and/or investigations or cases, including EVUS 
enrollment attempts that are unsuccessful, which will remain accessible 
for the life of the law enforcement activities to which they may become 
related. NARA guidelines for retention and archiving of data will apply 
to EVUS and CBP continues to negotiate with NARA for approval of the 
EVUS data retention and archiving plan. Records replicated on the 
unclassified and classified networks will follow the same retention 
schedule.
    Payment information is not stored in EVUS, but is forwarded to 
Pay.gov and stored in CBP's financial processing system, CDCDS, 
pursuant to the DHS/CBP-018, CDCDS system of records notice.
    When a traveler's EVUS data is used for purposes of processing his 
or her application for admission to the United States, the EVUS data 
will be used to create a corresponding admission record in the DHS/CBP-
016 Non-Immigrant Information System (NIIS) (March 13, 2015, 80 FR 
13398). This corresponding admission record will be retained in 
accordance with the NIIS retention schedule, which is 75 years.

System Manager and address:
    Director, Office of Automated Systems, U.S. Customs and Border 
Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC 
20229.

Notification procedure:
    Enrollees may access their EVUS information to view and amend their 
enrollment by providing their EVUS number, birth date, and passport 
number through the EVUS Web site. Once they have provided their EVUS 
number, birth date, and passport number, enrollees may view their EVUS 
status (successful enrollment, unsuccessful enrollment, pending) and 
submit limited updates to their travel itinerary information. If an 
enrollee does not know his or her enrollment number, he or she can 
provide his or her name, passport number, date of birth, passport 
issuing country, and visa number to retrieve his or her enrollment 
number.
    In addition, EVUS enrollees and other individuals whose information 
is included on EVUS enrollment may submit requests and receive 
information maintained in this system as it relates to data submitted 
by or on behalf of a person who travels to the United States and 
crosses the border, as well as, for EVUS enrollees, the resulting 
determination (successful enrollment, pending, unsuccessful 
enrollment). However, the Secretary of Homeland Security has exempted 
portions of this system from certain provisions of the Privacy Act 
related to providing the accounting of disclosures to individuals 
because it is a law enforcement system. CBP will, however, consider 
individual requests to determine whether or not information may be 
released. In processing requests for access to information in this 
system, CBP will review not only the records in the operational system 
but also the records that were replicated on the unclassified and 
classified networks, and based on this notice provide appropriate 
access to the information.
    Individuals seeking notification of, and access to, any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer and 
Headquarters Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``FOIA 
Contact Information.'' If an individual believes more than one 
component maintains Privacy Act records concerning him or her, the 
individual may submit the request to the Chief Privacy Officer and 
Chief Freedom of Information Act Officer, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC 
20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address, and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If your request is seeking records pertaining to another living 
individual, you must include a statement from that individual 
certifying his or her agreement for you to access his or her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from the online EVUS enrollment at https://www.cbp.gov/EVUS. Some record information is derived from visa records 
of the U.S. Department of State.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information 
maintained in the system as it relates to data submitted by or on 
behalf of a person who travels to visit the United States and crosses 
the border, nor shall an exemption be asserted with respect to the 
resulting determination (authorized to travel, pending, or not 
authorized to travel). Information in the system may be shared with law 
enforcement and/or intelligence agencies pursuant to the above routine 
uses. The Privacy Act requires DHS to maintain an accounting

[[Page 60376]]

of the disclosures made pursuant to all routines uses. Disclosing the 
fact that a law enforcement or intelligence agency has sought and been 
provided particular records may affect ongoing law enforcement 
activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim 
exemption from secs (c)(3), (e)(8), and (g) of the Privacy Act of 1974, 
as amended, as is necessary and appropriate to protect this 
information. Further, DHS will claim exemption from sec. (c)(3) of the 
Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as is 
necessary and appropriate to protect this information.

    Dated: August 29, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-21100 Filed 8-31-16; 8:45 am]
 BILLING CODE 9111-14-P